Liquor license taken from Bottoms Up

N.C. Alcohol Law Enforcement agents and Newport police served a notice suspending a Newport billiards and sports bar's temporary ABC permit, according to a press release issued at 12:14 a.m. Saturday -- or Nov. 9 -- by Newport Police Department for "immediate release November 8, 2013."

Daily News graphic

By Daily News staff

Published: Saturday, November 9, 2013 at 04:06 PM.

N.C. Alcohol Law Enforcement agents and Newport police served a notice suspending a Newport billiards and sports bar’s temporary ABC permit, according to a press release issued Friday by Newport Police Department.

Leo Mitchell III owns Bottoms Up Billiards and Sports Bar in Newport and he had to forfeit the temporary ABC permit; the release did not disclose when that forfeiture was compelled.

The permit was surrendered to an ALE agent, according to the release.

“The establishment has been operating under a temporary ABC permit for the last few months,” according to the release, on which the letter head includes the name of Newport Police Chief Jeff Clark. “During this time, numerous violations have been documented by N.C. ALE and Newport police.”

N.C. Alcohol Law Enforcement agents and Newport police served a notice suspending a Newport billiards and sports bar’s temporary ABC permit, according to a press release issued Friday by Newport Police Department.

Leo Mitchell III owns Bottoms Up Billiards and Sports Bar in Newport and he had to forfeit the temporary ABC permit; the release did not disclose when that forfeiture was compelled.

The permit was surrendered to an ALE agent, according to the release.

“The establishment has been operating under a temporary ABC permit for the last few months,” according to the release, on which the letter head includes the name of Newport Police Chief Jeff Clark. “During this time, numerous violations have been documented by N.C. ALE and Newport police.”

“Permittees are required to maintain a safe environment both inside and outside of the permitted establishment,” Clark wrote by email to The Daily News.

The release states:

“On 9/29/2013, Newport Police Department made several drug-related arrests of patrons in the parking lot of Bottoms Up. On 10/06/2013, Newport Police Department responded to an assault with a deadly weapon where the victim was stabbed with a knife. The victim received serious injuries related to the stabbing requiring transport to Vidant Medical for treatment.”

After the stabbing and “after multiple requests by NPD patrol sergeants and detectives; individuals representing themselves as management failed to cooperate with Newport police during the investigation of the stabbing,” according to the release.

An alleged stabbing, among other disturbances, likely are governed by the “safe-environment” standard.

“Newport police and N.C. ALE have documented numerous management issues during this time as well,” according to the release. “The establishment also failed to notify the N.C. Alcohol Beverage Control Commission of changes in management and ownership that had taken place since their original application.”

The release did not state whether this inquest by authorities into the business’s management structure came before or after the stabbing and disturbances.

“In the letter to Mr. Mitchell, N.C. ABC Commission Deputy Administrator Robert Hamilton advised ‘Please immediately surrender your temporary ABC permit to the Alcohol Law Enforcement agent or officer serving you with this letter,” according to the release. “Your temporary ABC permit is suspended indefinitely until it can be determined the actual owners of the establishment and the actual managers.”

The notice further warns that if the business has permanent permits, those permits could be grounds for “additional penalties ... for the above violations.”

It then states that “further violations of the ABC laws will result in additional suspensions or the rejection of your application for permanent permits.

“Chief Clark advised the management of this establishment has been a concern for us,” according to the release. “When the management issues were not resolved, and the safety of the patrons, and our officers were continued to be compromised, we made a written request for the N.C. ABC Commission to revoke the temporary ABC permit.”